Return to previous state? | I had a car and now I do not

by Kyle

A guy pulled out of a parking lot and right into me! His insurance company accepts liability and are totaling my car.

What they are paying and my gap insurance fully pays the car off and I will not owe a dime! But now here I am with no car, no down payment and my credit is terrible anyway. But my question is....

I was driving a car when this happened (regardless of my personal details) and now I'm not driving a car and cant get another.

Isn’t someone responsible for putting me back to my previous state?


Answer to :


Hello Kyle,

They did put you in your prior state. You had a debt and a car. Now you have no debt and no car. Your asset stratified your liability.

It’s not the best situation but that is how the process works. You could argue that you lost the opportunity to have a loan… (opportunity cost), but this is usually not compensated in a court of law.


Good Luck,
Car Accident Claims